Hewes v. Mungan

3 N.J.L. 256

Opinion

Kirkpatrick, C. J.

— The defendant, on the trial of this cause, was suffered to make off-set without having filed a plea, and the verdict was for him, for forty-two dollars and seventeen cents. This is irregular: — The act is positive. In order to let in proof of set-off, there must be a plea of payment filed. The filing of an account, containing the items to be set-off is not enough. It has repeatedly been so determined.

*- — Reverse.

Rosseii, and Pennington, Justices, Concurred.

Judgment reversed.

See Phillips v. M'Cullough, Ante. *69.